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It emphasizes fast, evidence-driven action in light of litigation that is typically fast-paced and costly, including building a factual and legal foundation before filing. The note covers investigating suspected violations, gathering essential documents and witness statements, preserving electronically stored information (ESI), and evaluating enforceability under different state laws using considerations such as consideration, reasonableness, and choice-of-law provisions.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":51,"@type":70,"position":76},"https://docshare.wps.com/template/general/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/preparing-for-non-compete-litigation-best-practices-for-gathering-evidence/282133/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/preparing-for-non-compete-litigation-best-practices-for-gathering-evidence/282133.png","ImageObject",442,249,{"name":88,"@type":89},"Ivy","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-09-21","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":73},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"Why must an employer act quickly in suspected non-compete violations?","Question",{"text":108,"@type":109},"Non-compete litigation is typically fast-paced and expensive, so prompt action helps confirm adequate factual and legal support and reduces the risk that evidence will be lost. 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Steinmeyer, Epstein, Becker & Green, P.C., and Zachary C. Jackson, with Practical Law Labor & Employment  \nStatus: Maintained | Jurisdiction: United States  \nThis document is published by Practical Law and can [be found at:](be found at: content.next.westlaw.com/3-516-9469)[ content.next.westlaw.com/3-516-9469](be found at: content.next.westlaw.com/3-516-9469)  \nRequest a free trial and demonstration at: [tr.com/practicallaw-home](tr.com/practicallaw-home)  \nA Practice Note that provides guidance on the strategic considerations for employers seeking to enforce a non-compete agreement against a current or former employee. Because  \nnon-compete litigation is typically fast-paced and expensive, it is critical for an employer to act quickly and build a strong factual and legal foundation before initiating legal action.  \nThis Note discusses best practices for investigating a suspected violation, from gathering essential documents and witness statements to preserving critical electronically stored information (ESI) . It also details how to assess the enforceability of the restrictive covenant under various state laws, considering factors like consideration, reasonableness, and choice of law provisions. This Note explores key strategic decisions before commencing litigation, such as whether to send a cease and desist letter, and outlines common causes of action, including claims under the Defend Trade Secrets Act (DTSA), and the process for seeking injunctive relief. This Note is jurisdiction neutral. For information on state law requirements, see State Restrictive Covenants Toolkit, Non-Compete Laws: State Q&A Tool, and Trade Secret Laws: State Q&A Tool. For a 50-state comparison of non-compete laws and requirements  \ngenerally, see Quick Compare Chart: State Non-Compete Laws.  \nNon-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can backfire if an employer is not prepared with sufficient evidence to support its request.  \nIn recent years, non-competes have been under increasing scrutiny by both federal and state legislatures and regulatory agencies (see Practice Note, Non-Compete Agreements with Employees:  \nFederal Efforts to Ban Worker Non-Competes and Limitations on Enforceability and FTC Non-Compete Rulemaking and Enforcement Tracker). Employers seeking to bind employees to non-competes must consider the possible legal challenges to  \nenforcement when drafting the agreement and the potential risks of entering into an agreement that may face additional scrutiny as the law develops.  \nThis Note discusses the steps an employer can take to best position itself for successful enforcement of a non-compete and the strategic considerations involved with initiating non-compete litigation. In particular, it discusses:  \n• Best practices for investigating a suspected violation and gathering relevant evidence.  \n• Key steps for evaluating the likelihood a court will enforce a non-compete.  \n• Factors to consider before initiating legal action.  \n• The options for enforcing a non-compete through legal action and the key decisions relevant to each option.  \n© 2026 Thomson Reuters. All rights reserved.  \nPreparing for Non-Compete Litigation  \nBest Practices for Gathering Evidence  \nEmployers often learn from clients, customers, or employees that an employee or former employee is working for a competitor or preparing to do so. Rather than relying on second-hand knowledge of a suspected violation of a non-compete, employers should promptly conduct their own investigation to:  \n• Evaluate whether the employee’s","cbCaiuxOhhYWK1LX","https://ap.wps.com/l/cbCaiuxOhhYWK1LX","pdf",479802,"English","# Preparing for Non-Compete Litigation\n## Best Practices for Gathering Evidence\n## Investigating a Suspected Violation","[{\"question\":\"Why must an employer act quickly in suspected non-compete violations?\",\"answer\":\"Non-compete litigation is typically fast-paced and expensive, so prompt action helps confirm adequate factual and legal support and reduces the risk that evidence will be lost. Courts may also view delay as undermining claims of irreparable harm.\"},{\"question\":\"What evidence should employers gather when investigating a suspected violation?\",\"answer\":\"Employers should promptly investigate to evaluate whether the employee’s conduct violates the non-compete and to gather evidence for potential enforcement. This includes essential documents and witness statements, along with preserving relevant electronically stored information (ESI).\"},{\"question\":\"How is enforceability of a non-compete assessed across state laws?\",\"answer\":\"The note explains that enforceability depends on factors under applicable state law, including consideration, reasonableness, and choice-of-law provisions. It also highlights that many states require the employer to show the restrictions are necessary to protect a legitimate business interest.\"}]","Preparing for Non-Compete Litigation - Best Practices for Gathering Evidence | PDF",1789570380,6]